Legal

Boston Sue Record Company

The lack of success of the comeback album for the band Boston has lead to the band taking legal action against their record company.

Donald Thomas Scholz (Tom Scholz) of Boston has filed with the County of New York claiming Artemis Records failed to market and promote their last album 'Corporate America'. The album was Boston's 5th album and their first in 8 years.

Scholz claims he signed with Artemis after they promised him the highest priority for promoing 'Corporate America' and hands on attention that other labels would not or could not provide.

After signing he says the label fired key staff members necessary to fulfill the label's obligation to the band. The suit suggests Artemis then assigned A&R staff who made no experience to look after the band.

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Engel v. CBS, Inc.

DONALD S. ENGEL, APPELLANT, ENGEL & ENGEL, PLAINTIFF, v. CBS, INC., MOSES & SINGER, AND STANLEY ROTHENBERG, RESPONDENTS.
93 N.Y.2d 195, 711 N.E.2d 626, 689 N.Y.S.2d 411 (1999).
April 6, 1999
USCOA,2 No. 54
[99 NY Int. 0051]
Decided April 6, 1999


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This opinion is uncorrected and subject to revision before publication in the New York Reports.
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Donald S. Engel, for appellant.
Thomas J. Kavaler, for respondents.
Committee on Professional Responsibility of the
Association of the Bar of the City of New York, amicus curiae.
CIPARICK, J.:

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Engel v. CBS, Inc. [Certification]

[CORRECTED ORDER]

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

August Term 1997

Filed May 19, 1998
At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 19th day of May one thousand, nine hundred and ninety-eight.

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California Law Business, November 7, 1994

Lawyer's Dilemma: Top L.A. music attorney Don Engel faced a no-win situation when a Boston court ordered him to testify.

By Di Mari Ricker

For San Francisco music attorney David Phillips of [Phillips & Erlewine], it was "an attorney's dream." For Los Angeles music attorney Don Engel of Engel & Engel, the same experience ranged from "weird" to "devastating."

What they were ebony porn describing were the events of a recent trial in Boston involving the rock group of the same name. Mr. Engel, who defended the group's guitarist, Tom Scholz, found himself in a litigator's Twilight Zone: on the witness stand being questioned by the plaintiff's counsel.

The case centered on a common refrain in the music industry: royalties. Paul Ahern - who began his involvement with the group Boston as its original personal manager and went on to manage the careers of Mr. Scholz and others - sued Mr. Scholz over royalties he claimed were owed him from Boston's third album, "Third Stage," which was released by MCA Records in 1986 and sold more than three million copies. Ahern v. Scholz, 91-10586-H.

Mr. Scholz countersued, claiming Mr. Ahern still owed him royalties from the first Boston album, which sold more than 10 million copies, and the second album, which sold more than five million copies.

After a three-week trial, a jury awarded $547,000 to Mr. Ahern and the judge ordered Mr. Scholz to pay Mr. Ahern's attorney's fees.

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